I took a drug test at work since they had suspicious reason that I was using, I had a very stressful day and they thought I was strung out on something.The lab sent the results to my employer and I hadn't seen them. I was informed that I had turned in a positive sample and I was being fired. I'm not on any Drugs so I went back to the same exact lab for a retest and was told I didn't need to because my sample was clean. I have a copy of the results with me now and they indeed do show as negative on everything tested for. I called my old employer back and told them what was going on and they deny knowing it was negative and that they were told it was positive.
State/Country relating to question: Kansas
Hello, and thank you for contacting Just Answer.
Did the positive drug test results in any way change your former employer's mind?
Also, was there an Employment Contract of any kind in place?
The positives test results were the reason he gave for Termination
The results were negative though
Sorry, I meant negative results. Ok, in the absence of an employment contract, generally an employee is employed at-will, meaning that the terms and conditions of the employment can be changed At Will, up to and including termination. What this unfortunately means is that, even where the termination was based on a mistake, it is still within an employer's rights to do so and they are not obligated to retain the employee once a mistake is caught.
While this is admittedly unfair, labor and Employment Law heavily favors the employer in such situations. So long as the employer is not committing unlawful race, national origin, gender, age, or disability discrimination, they can terminate an employee for almost any reason, even if that reason turns out to be a mistake.
On the other hand, if the results were improperly reported to the employer, then the employee may have grounds for a defamation suit against the lab. Defamation occurs where someone (such as this lab) "publishes", either verbally or in writing, false or misleading information about you to a third party (such as an employer), and damages ensue (such as Loss of Wages).
So, while there may be no recourse against the employer, a suit for defamation may be an option against the lab. Keep in mind, however, that this would require some type of proof that false information was given about you.
Ok, my boss just called and, the labs "instant" results showed as false positive and the detailed results came back as negative
If the employer takes you back, then there is no grounds for action. If, however, you are still without a job, that "false positive" still might be enough to take action against the lab.
If you do need to consult with an attorney in person, the Kansas State Bar Association has a referral service at:
You are welcome. I hope this helps, and let me know if you have any further questions. Otherwise, please remember to RATE my answer AT LEAST 3 out of 5, so that I can receive credit for my work.
Good luck to you.
Licensed to practice law, I have experience in Employment, Appeals, and Landlord/Tenant Law
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